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Tenancy Law Changes- Phase 2

Catch up on the latest changes to Residential Tenancy Law changes

The Residential tenancy amendment bill aims to strengthen tenants rights, bringing more changes for landlords. All landlords, including boarding house landlords, must comply with the laws in the Residential Tenancies Act. This is in addition to the Healthy Homes Standards, which aims to provide tenants with warmer, healthier and drier homes.

 

Phase 1

The changes have already begun with Phase 1 already in force as of the 12th August 2020. These main changes were;

  • Transitional and emergency housing is exempt from the Act provided the housing is funded by a government department or provided under the Special Needs Grants Programme

  • Rent can only be increased every 12 months

 

Phase 2

Phase 2 comes into play from the 11th February 2021 which yields multiple changes to tenancy legislation including;

  • Security of rental tenure

  • Changes for fixed-term tenancies

  • Making minor changes

  • Prohibitions on rental bidding

  • Fibre broadband

  • Privacy and access to justice

  • Assignment of tenancies

  • Landlord records

  • Enforcement measures being strengthened

  • Changes to Tenancy Tribunal jurisdiction

For more specific information visit the Tenancy Services website.

In addition to the changes implemented in Phase 1 and Phase 2, there is a Phase 3 to come later this year on the 11th August which focuses on tenants experiencing various forms of domestic violence. Over the past couple of years there have been many changes in the world of renting and investment properties which can be difficult to keep up with.

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Level 2 Lockdown - What could the new normal look like?

The answer to the overarching question “What will the property market will look like in a few months?” is unknown to all, but we can compare the current crisis to the last bubble that burst, the GFC OF 2008. The GFC correction resulted in a 10% reduction in median house price in Queenstown Lakes with lesser falls in Central Otago and slighter reduction in Dunedin.

COVID 19—Finding a New Normal

COVID-19 impact on the Otago Property Market

Written by Kelvin Collins with 25 years of real estate experience in the Otago region.

Current Situation

The country is in a stronger financial position than it was in 2007 with low debt and also a good trading surplus up to now. The Banking industry has been lending responsibly and maintained good reserves plus the Farming and Horticulture sector are still performing well with China back buying our exports.

The government’s fiscal response has been fast with five times more funds already handed out than during the GFC and I believe there will be more financial relief to come.

Unlike 2007/10 all markets currently had a shortage of property for sale. Sales volumes had not reached unrealistic levels with less speculative building.

Most property owners have at least 25% equity in their property and the mortgage relieve will help those with short term cash flow problems.

What we don’t know

What is unknown is how a global lockdown down will affect global financial stability, especially in Europe and what the repercussions will be.

Will there be a domestic winter ski season for Otago? How long will this lock-down be in place for?

What might happen (based on a 4-6 week lockdown)

During periods of uncertainty, the fallback position for most is to do nothing which creates an opportunity for the brave.

Some newly established businesses or businesses previously trading under financial pressure, unfortunately, will fold, especially in the hospitality industry. This will lift unemployment or may result in selling property to support the business venture.

The second home market will be weaker until the countries economy recovers.

Managed Apartment demand will be weaker until occupancy recovers. There is volatility with operators in this sector, especially those that provided a guaranteed return.

Prices for family homes in new subdivisions will reflect closer to replacement costs.

The majority of owner-occupiers have at least 25% equity in their property and will be in a position to ride out any downturn.

After the lock-down comes to an end people may decide their current house is no longer suitable after being confined in it for a long period of time, or decide they can no longer live with those people they were isolated with.

Investors will look at property as a safe investment as it isn’t subject to the volatility of the share market. A reduction in rents will be offset by the benefit of lower interest rates for a longer period of time.

The impact will be quicker than the GFC with no fewer continued surprises. This is due to better regulations and disclosure around the financial industry and public companies. The proviso to this is that the World Bank helps some European countries obtain financial stability and that the virus is under control in most of our trading countries within six months.


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Private viewings under Level 3 Covid Restrictions.

Property viewings can be undertaken under Level 3 Restrictions.

The Real Estate Institute of New Zealand (REINZ) has relayed the news from the Minister of Housing, the Hon. Dr Megan Woods, that private viewings, by appointment, of homes for sale or rental properties can take place under Alert Level 3.

While final details around H&S protocols are yet to be distributed I expect that those clarifications will be released by end of weekend ideally.

It remains a priority for myself and the team at Harcourts that the good work everyone has put in over the last month not go wasted. So whatever the guidelines ultimately are rest assured we will be sticking to them like glue.

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